{"id":1388,"date":"2020-10-30T21:55:57","date_gmt":"2020-10-30T21:55:57","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=faqs&#038;p=1388"},"modified":"2024-01-03T17:25:34","modified_gmt":"2024-01-03T23:25:34","slug":"can-i-make-a-claim-if-i-was-a-passenger-in-the-at-fault-drivers-car-in-texas","status":"publish","type":"faqs","link":"https:\/\/www.justinian.com\/es\/faqs\/puedo-presentar-una-reclamacion-si-fui-un-pasajero-en-el-automovil-del-conductor-culpable-en-texas\/","title":{"rendered":"Can I Make A Claim If I Was A Passenger In The At-Fault Driver&#8217;s Car In Texas?"},"content":{"rendered":"\n<p><strong>Yes. Under Texas law, if you were a passenger involved in a Texas<\/strong> <strong>auto accident, you can file a claim with the insurance company of the driver who caused the accident. This driver is known as the <em>at-fault<\/em> <em>driver<\/em>.<\/strong><\/p>\n\n\n\n<p>You can file a claim against the at-fault driver\u2019s insurance, even if you were a passenger in the at-fault driver\u2019s vehicle. You also may have other options to recover for your injuries.<\/p>\n\n\n\n<p><a href=\"https:\/\/www.justinian.com\/how-were-you-injured\/car-accidents\/\">If you were injured in a Texas<\/a> <a href=\"https:\/\/www.justinian.com\/how-were-you-injured\/car-accidents\/\">auto accident as a passenger<\/a>, you should obtain immediate medical care. You may be more injured than you think, and injuries can worsen without treatment.<\/p>\n\n\n\n<p>You also may want to speak to a Texas auto accident attorney, particularly before speaking to any of the other drivers or their insurance companies. It is important to understand your rights so you do not waive them or say something that can be used against you.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" width=\"1390\" height=\"400\" src=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/can-I-Make-A-Claim-If-I-Was-A-Passenger.jpg\" alt=\"\" class=\"wp-image-1923\" srcset=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/can-I-Make-A-Claim-If-I-Was-A-Passenger.jpg 1390w, https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/can-I-Make-A-Claim-If-I-Was-A-Passenger-540x155.jpg 540w, https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/can-I-Make-A-Claim-If-I-Was-A-Passenger-768x221.jpg 768w\" sizes=\"(max-width: 1390px) 100vw, 1390px\" \/><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-texas-law-and-passenger-negligence-in-auto-accidents\">Texas Law and Passenger Negligence in Auto Accidents<\/h2>\n\n\n\n<p>A passenger riding in a vehicle in Texas is generally not responsible for accidents caused by the driver. So passengers in vehicles usually do not owe any duty of care.<\/p>\n\n\n\n<p>However, in very limited circumstances, courts may decide that a passenger\u2019s behavior contributed to the accident.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"h-passengers-who-contribute-to-the-accident-might-not-receive-money-for-their-injuries\">Passengers Who Contribute To The Accident Might Not Receive Money For Their Injuries<\/h3>\n\n\n\n<p><em>Negligence<\/em> is the legal term for carelessness. In certain cases, a passenger\u2019s own carelessness might be seen as contributing to their own injuries:<\/p>\n\n\n\n<ul class=\"check-list wp-block-list\">\n<li>If the driver is clearly driving dangerously (at very excessive speeds), the passenger may have a <em>duty to object<\/em> and try to get the driver to slow down.<\/li>\n\n\n\n<li>Passengers who willingly enter a vehicle with a driver they know is intoxicated (or discover during the ride that the driver is intoxicated), the passenger may have a <em>duty to exit the vehicle<\/em> when given the opportunity.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"h-texas-laws-of-contributory-negligence-can-apply-to-auto-accident-passengers\">Texas Laws Of Contributory Negligence Can Apply To Auto Accident Passengers<\/h3>\n\n\n\n<p>A passenger who does not act to prevent an accident might be seen by a judge or jury as contributing to the accident (and helping cause their own injuries.)<\/p>\n\n\n\n<p>Under Texas law, this is known as <em>contributory negligence<\/em>.<\/p>\n\n\n\n<p>Passengers who contribute to a Texas auto accident may not be able to recover money for their injuries. Under <a href=\"https:\/\/www.justinian.com\/faqs\/#what-to-do-if-you-were-partially-at-fault-in-an-accident\">Texas\u2019 comparative fault rules<\/a> (also known as <em>proportional responsibility<\/em>), people who are more than 51% <em>at-fault<\/em> (mostly responsible for the accident) cannot win a negligence lawsuit in Texas.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-your-options-as-a-passenger-injured-in-a-texas-auto-accident\">Your Options As A Passenger Injured In A Texas Auto Accident<\/h2>\n\n\n\n<p>Under Texas law, at-fault drivers must pay for bodily injuries and property damage arising from auto accidents they cause. This includes injuries to passengers in their own vehicle.<\/p>\n\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-9d6595d7 wp-block-columns-is-layout-flex\">\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:66.66%\">\n<h3 class=\"wp-block-heading\" id=\"h-file-a-claim-with-the-at-fault-driver-s-liability-auto-insurance\">File A Claim With The At-Fault Driver\u2019s Liability Auto Insurance<\/h3>\n\n\n\n<p>As a passenger, you can file a claim against the at-fault driver\u2019s auto insurance.<\/p>\n\n\n\n<p>Under <a href=\"http:\/\/www.statutes.legis.state.tx.us\/Docs\/TN\/htm\/TN.601.htm\" target=\"_blank\" rel=\"noreferrer noopener\">Section 601.072<\/a> of the Texas Transportation Code, all drivers and registered vehicles on the roads of Texas must carry certain minimum liability insurance coverage. This covers injuries to passengers caused by that driver.<\/p>\n\n\n\n<p>In many cases, the insurance is not enough to pay for your injuries and property damage. <a href=\"https:\/\/www.justinian.com\/how-were-you-injured\/car-accidents\/\">Texas can be a very dangerous place to drive<\/a>, and auto accidents in the Texas area are sometimes catastrophic. Medical costs have continued to skyrocket, and your injuries may require ongoing treatment.<\/p>\n\n\n\n<p>In that case, you may have to file a lawsuit against the at-fault driver to recover compensation for your damages.<\/p>\n<\/div>\n\n\n\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:33.33%\">\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" width=\"640\" height=\"511\" src=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault.jpg\" alt=\"\" class=\"wp-image-1925\" srcset=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault.jpg 640w, https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault-540x431.jpg 540w\" sizes=\"(max-width: 640px) 100vw, 640px\" \/><\/figure>\n<\/div>\n<\/div>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"h-multiple-at-fault-drivers-in-texas-auto-accidents\">Multiple At-Fault Drivers in Texas Auto Accidents<\/h4>\n\n\n\n<p>In Texas, when there is more than one at-fault driver, they generally share financial responsibility equal to their responsibility in causing the accident.<\/p>\n\n\n\n<p>This is often known as <a href=\"https:\/\/www.justinian.com\/faqs\/#what-to-do-if-you-were-partially-at-fault-in-an-accident\"><em>comparative fault <\/em>(or <em>proportional responsibility<\/em>).<\/a><\/p>\n\n\n\n<p>Therefore you may be able to file a claim against both drivers\u2019 insurance.<\/p>\n\n\n\n<p>This is important, since in many cases the insurance policy is not enough to pay for all of your injuries and property damage.<\/p>\n\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-9d6595d7 wp-block-columns-is-layout-flex\">\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:33.33%\">\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" width=\"640\" height=\"331\" src=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault-Drivers-2.jpg\" alt=\"\" class=\"wp-image-1926\" srcset=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault-Drivers-2.jpg 640w, https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-The-At-Fault-Drivers-2-540x279.jpg 540w\" sizes=\"(max-width: 640px) 100vw, 640px\" \/><\/figure>\n<\/div>\n\n\n\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:66.66%\">\n<h3 class=\"wp-block-heading\" id=\"h-file-a-claim-with-the-at-fault-driver-s-personal-injury-protection-insurance-pip\">File A Claim With The At-Fault Driver\u2019s Personal Injury Protection Insurance (PIP)<\/h3>\n\n\n\n<p>In Texas, many people carry Personal Injury Protection insurance (known as PIP) on their auto insurance policies. This pays for injuries to the insured person, no matter who caused the accident.<\/p>\n\n\n\n<p>Many PIP policies also cover injuries to passengers in the insured driver\u2019s vehicle. If the driver of the vehicle you were riding in carries PIP coverage, you may be able to file a claim.<\/p>\n<\/div>\n<\/div>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"h-file-a-claim-with-your-own-personal-injury-protection-insurance-pip\">File A Claim With Your Own Personal Injury Protection Insurance (PIP)<\/h3>\n\n\n\n<p>If your own auto insurance policy includes PIP coverage, you or your attorney can also file a claim with your insurance company for your <a href=\"https:\/\/www.justinian.com\/faqs\/#what-benefits-might-i-be-entitled-to-2\">medical bills and missed wages<\/a>, even though your automobile was not involved.<\/p>\n\n\n\n<p>Keep in mind that your PIP insurance premiums may go up if you file a claim, even if you did nothing wrong. Your insurance company may also resist paying for the claim.<\/p>\n\n\n\n<div class=\"wp-block-columns is-layout-flex wp-container-core-columns-is-layout-9d6595d7 wp-block-columns-is-layout-flex\">\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:66.66%\">\n<h3 class=\"wp-block-heading\" id=\"h-file-a-claim-with-your-uninsured-underinsured-motorist-insurance-policy\">File A Claim With Your Uninsured \/ Underinsured Motorist Insurance Policy<\/h3>\n\n\n\n<p>When the at-fault driver does not have auto insurance, or when that driver\u2019s insurance policy does not provide enough coverage to pay for your bills, you can also file a claim with your <a href=\"https:\/\/www.justinian.com\/faqs\/#what-if-the-other-driver-has-no-insurance-or-too-little-insurance-in-texas\">uninsured or underinsured motorist insurance policy<\/a> (known as <em>UM\/UIM<\/em>).<\/p>\n\n\n\n<p>If you are a named insured driver on someone else\u2019s policy (your spouse or parents), you can often file a UM\/UIM claim.<\/p>\n\n\n\n<p>UM\/UIM is not required under Texas insurance law, but it can be a good idea to purchase that insurance. Many drivers in Texas do not have insurance, and those who do often carry the bare minimum under Texas law. It can be easy to wind up with medical bills that exceed the at-fault driver\u2019s insurance coverage, particularly if more than one person is hurt.<\/p>\n<\/div>\n\n\n\n<div class=\"wp-block-column is-layout-flow wp-block-column-is-layout-flow\" style=\"flex-basis:33.33%\">\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" width=\"640\" height=\"533\" src=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-Your-Uninsured-Underinsured.jpg\" alt=\"\" class=\"wp-image-1927\" srcset=\"https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-Your-Uninsured-Underinsured.jpg 640w, https:\/\/www.justinian.com\/wp-content\/uploads\/2020\/11\/File-A-Claim-With-Your-Uninsured-Underinsured-540x450.jpg 540w\" sizes=\"(max-width: 640px) 100vw, 640px\" \/><\/figure>\n<\/div>\n<\/div>\n\n\n\n<p>In most cases, it is wise to speak with a Texas auto accident attorney before consulting the insurance company or speaking with the at-fault driver. This even includes passengers.<\/p>\n\n\n\n<p>At-fault drivers are sometimes our friends or relatives, but if they were driving unsafely, you are still entitled to compensation if you were injured.<\/p>\n\n\n\n<p>Even if you have no intention of filing a lawsuit or a claim, you can discuss your case with a Texas auto accident attorney to understand your rights before making a decision.<\/p>\n\n\n\n<p>A personal injury attorney can also help prepare what to share with the insurance company representatives, so they do not use something you say against you.<\/p>\n\n\n\n<p>We offer a <a href=\"https:\/\/www.justinian.com\/about-us\/\">free consultation<\/a> with a seasoned personal injury lawyer. It is entirely confidential, and there is no obligation to hire us or file a lawsuit. We will listen to your story and explain your options under the law.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","faq_tax":[11],"class_list":["post-1388","faqs","type-faqs","status-publish","hentry","faq_tax-passengers"],"acf":[],"x_date":"octubre 30, 2020","x_metadata":{"_yoast_wpseo_primary_faq_tax":"11","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_trp_translated_slug_es_ES":"puedo-presentar-una-reclamacion-si-fui-un-pasajero-en-el-automovil-del-conductor-culpable-en-texas","_yoast_wpseo_metadesc":"If you were a passenger involved in an auto accident in Texas, you can file a claim with the insurance company of the driver who caused the accident.","_yoast_wpseo_title":"Can I make a claim if I was a passenger in the at-fault car? - Justinian","_yoast_indexnow_last_ping":"1704324335","_yoast_wpseo_videositemap_rating":"0","_yoast_wpseo_estimated_reading_time_minutes":"","_yoast_wpseo_wordproof_timestamp":""},"_links":{"self":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs\/1388","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs"}],"about":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/types\/faqs"}],"wp:attachment":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media?parent=1388"}],"wp:term":[{"taxonomy":"faq_tax","embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faq_tax?post=1388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}